Thomas v. Oceaneering International, Inc.

Filing 1

Seaman COMPLAINT with jury demand against Oceaneering International, Inc. (Prepayment of fee not required pursuant to 28 USC 1916) filed by David Thomas. (Attachments: # 1 Civil Cover Sheet)(Delise, Bobby) (Service by waiver) Modified on 1/23/2012 (plh, ).

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CIVIL COVER SHEET JS 44 (Rev. 11/04) The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) I. (a) PLAINTIFFS DEFENDANTS DAVID THOMAS OCEANEERING INTERNATIONAL, INC. (b) County of Residence of First Listed Plaintiff ST. MARY PARISH, LA County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) (c) Attorney’s (Firm Name, Address, and Telephone Number) Bobby J. Delise Delise & Hall 7924 Maple St. New Orleans, LA 70118 1 U.S. Government Plaintiff 2 Attorneys (If Known) 504.836.8000 II. BASIS OF JURISDICTION U.S. Government Defendant HARRIS COUNTY, TX (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff (For Diversity Cases Only) PTF Citizen of This State 1 X 3 Federal Question (U.S. Government Not a Party) 4 Diversity (Indicate Citizenship of Parties in Item III) DEF 1 And One Box for Defendant) PTF DEF Incorporated or Principal Place 4 4 of Business In This State CONTRACT (Place an “X” in One Box Only) TORTS 110 Insurance PERSONAL INJURY 120 Marine 310 Airplane 130 Miller Act 315 Airplane Product 140 Negotiable Instrument Liability 150 Recovery of Overpayment 320 Assault, Libel & & Enforcement of Judgment Slander 151 Medicare Act 330 Federal Employers’ 152 Recovery of Defaulted Liability Student Loans X 340 Marine (Excl. Veterans) 345 Marine Product 153 Recovery of Overpayment Liability of Veteran’s Benefits 350 Motor Vehicle 160 Stockholders’ Suits 355 Motor Vehicle 190 Other Contract Product Liability 195 Contract Product Liability 360 Other Personal 196 Franchise Injury REAL PROPERTY CIVIL RIGHTS 210 Land Condemnation 441 Voting 220 Foreclosure 442 Employment 230 Rent Lease & Ejectment 443 Housing/ 240 Torts to Land Accommodations 245 Tort Product Liability 444 Welfare 290 All Other Real Property 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 440 Other Civil Rights V. ORIGIN X1 Original Proceeding (Place an “X” in One Box Only) 2 Removed from State Court VI. CAUSE OF ACTION VII. REQUESTED IN COMPLAINT: 3 2 2 Incorporated and Principal Place of Business In Another State 5 5 Citizen or Subject of a Foreign Country IV. NATURE OF SUIT Citizen of Another State 3 3 Foreign Nation 6 6 FORFEITURE/PENALTY PERSONAL INJURY 362 Personal Injury Med. Malpractice 365 Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability PRISONER PETITIONS 510 Motions to Vacate Sentence Habeas Corpus: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition Remanded from Appellate Court 610 Agriculture 620 Other Food & Drug 625 Drug Related Seizure of Property 21 USC 881 630 Liquor Laws 640 R.R. & Truck 650 Airline Regs. 660 Occupational Safety/Health 690 Other LABOR 710 Fair Labor Standards Act 720 Labor/Mgmt. Relations 730 Labor/Mgmt.Reporting & Disclosure Act 740 Railway Labor Act 790 Other Labor Litigation 791 Empl. Ret. Inc. Security Act 4 Reinstated or Reopened BANKRUPTCY 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRS—Third Party 26 USC 7609 Transferred from 5 another district (specify) 6 Multidistrict Litigation (See instructions): JUDGE DATE DOCKET NUMBER SIGNATURE OF ATTORNEY OF RECORD 01/20/2012 s/Bobby J. Delise FOR OFFICE USE ONLY RECEIPT # Appeal to District Judge from 7 Magistrate Judgment Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 46 U.S.C. § 30104, et. seq. Brief description of cause: JONES ACT DEMAND $ CHECK YES only if demanded in complaint: CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 JURY DEMAND: x Yes No VIII. RELATED CASE(S) IF ANY JS 44 Reverse (Rev. 11/04) OTHER STATUTES 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900Appeal of Fee Determination Access Under Equal to Justice 950 Constitutionality of State Statutes AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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